Decommissioning Without Software Update: Diesel Drivers Can not Escape Recall

economy

Wednesday, November 28, 2018

For fear of substantial damage to their used diesel vehicles, Halter gives up on software updates. Police are threatening to fine and close the cars. In addition, six people are legally involved. Now, a court drops the verdict.

Owners of diesel vehicles handled in Bavaria may be required by the authorities to repair their cars with software updates. Refuse to pay them a fine and the decommissioning of vehicles. Several drivers, who had refused the update and defended against it, were now being beaten by the Munich Administrative Court. The court rejected their complaints.

"The vehicles do not meet the legal requirements at the moment," Judge President Dietmar Wolff said in the decision. He gave them the opportunity to appeal.

"I am very disappointed," Christina Christmann said after the trial. She and five other plaintiffs and plaintiffs are driving VW Group cars with EA 189-type four-cylinder diesel engines. Due to an unauthorized shutdown device for emission control, the Federal Motor Transport Authority asks the VW group to make reminders. Complainant drivers should ensure with a software update in the shop that their vehicles comply with the legal emission standards.

However, the complainants refused because, according to their lawyer, they feared that the updates caused serious damage to their vehicles. In some cases, the cars were left after software updates, defender Marc Mallers said at the trial. But he also pointed out that a causal link in individual cases is hard to prove.

The Bavarian authorities had banned the complainants after their refusal to continue using the car and threatened them with a fine – they were sometimes allowed only to go to the shop. But that had no consequence, because the orders were submitted to the now fallen judgment. Applicants could continue to use their cars without restrictions. Even after Wednesday's decision, they are not threatened with stopping the vehicles. The administrative court allowed the possibility of appeal.

"Proportionality is missing"

If the case goes on to the next instance, owners can use their car at least until a verdict is made. That's appealing, the Mallers lawyer wants to decide as soon as the written reason for the verdict is present.

The applicant does not threaten that with consequences. During the trial, Christina Christmann repeatedly expressed her lack of understanding regarding the order of the authorities: "I was transferred to Munich Airport in 2013", she said. There, the expansion of a new terminal and air traffic have increased. "Other planes are coming, but I'm not allowed to get to work with my car, so I miss proportionality."

Source: n-tv.de